If you and your spouse have a good relationship in principle, but prefer to live a separate life, you or a lawyer can draft an agreement on issues such as the division of marital property and debts, custody, child support, and spousal support (also known as spousal support). A married couple may feel free to include anything they want in a separation agreement, as long as it`s something both parties can really accept. Consider including these points in a separation agreement: A separation agreement may also stipulate that some parties will be included in the divorce judgment, but other parties will survive the divorce decree. However, it is common for the entire separation agreement not to be transposed into the divorce judgment, but survives the divorce decree and can therefore be enforced separately. You can be legally separated as long as you and your spouse think it`s best. However, if you plan to use your separation agreement as the basis for a subsequent divorce, you and your spouse must have lived separately for at least one year under your separation agreement. Yes and no. There is no residency requirement if, at the time of filing, you and your spouse are residents of New York State and the reasons (reasons) for the separation occurred in New York City. A separation agreement is a legally binding document established between the parties in a conjugal relationship. The agreement is something that both individuals use in marriage to formally divide their assets, debts, and other marital responsibilities so that each party experiences a fair separation from the other. While a separation agreement is often used in times when a couple knows they are heading for divorce, it is also used by couples who only want to separate for a certain period of time with the intention of reconciling. Legal separation occurs when you stop living with your spouse, but follow certain life agreements in accordance with a voluntary written agreement. If one of the spouses violates the agreement, the family court may enforce it.

If you want the terms of your divorce to match the terms of your separation agreement, apply for a conversion divorce. The written separation agreement is the essential feature of legal separation. Without them, when a married couple decides to live apart, they are just going through an informal trial separation. A well-drafted separation agreement will help you avoid disagreements or confusion about each party`s obligations. It brings clarity and a specific roadmap to follow in terms of parenting and financial matters. If you opt for legal separation, you and your separated spouse maintain your legal relationship with each other. When you go through divorce proceedings, you are no longer legally bound, even if one of the spouses pays child support to the other or if you both share custody. David H.

Charlip, Director of Charlip Law Group, LC, is one of 101 Board-certified civil trial lawyers in Miami-Dade with over 38 years of litigation experience. Mr. Charlip is also one of 136 notaries in Florida. He has managed and adjudicated cases across the country. M. Charlip has been advising companies for more than 30 years, preparing business creation and buying and selling documents, conducting commercial disputes and being very familiar with all aspects of contractual relations. It`s also possible for a couple to decide to officially separate, but it`s just not the right time to fill out all those divorce papers in New York. If you know anything about how to file for divorce in New York, then you know there`s more to it than just making a divorce deal. Even if you need help negotiating, drafting and enforcing your separation agreement, in many cases the cost can be kept below $2,000.00. You may also have heard the phrase “legal separation date” in divorce proceedings. Well, it could get a little confusing, so be patient with us: your legal separation date doesn`t necessarily have anything to do with the legal separation process. In the event of a conversion divorce, ask the judge to include all the terms of the separation agreement in your divorce.

The judge will review all the terms of your agreement and decide whether all the terms of the agreement should be included in your divorce. Although New York law now provides for a no-fault divorce on your part), if you or your spouse can prove that you have lived separately and separately under a written separation agreement and that you have complied with the terms of that separation agreement for more than a year, you can obtain a divorce decree on that basis alone. A no-fault divorce on his part requires only an affidavit stating that the marriage was irretrievably broken for six months or more. The separation agreement can also be filed as part of a divorce decree if you or your spouse decide to file for divorce for reasons other than your own, rather than waiting for the required year to file for divorce due to the fact that you lived separately and separately under the terms of a separation agreement. It is always better to have a lawyer during a divorce. If you have hired a lawyer to draft your separation agreement, that lawyer can help you file a conversion divorce. Back to top of page The filing fee if you submit a separation agreement to the county clerk is $210, but there may be additional costs in negotiating that separation agreement. .